Piyush Singh @ Vikash Kumar Singh @ Piyush Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17534 of 2024 Arising Out of PS. Case No.-45 Year-2017 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Piyush Singh @ Vikash Kumar Singh @ Piyush Kumar Son of Jitendra Singh Resident of Village- Lachichak (Bhore), Police Station- Bhore, DistrictGopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Prakash Singh For the Opposite Party/s :
Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-03-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 395 of the Indian Penal Code & Section 25(1-b), a, 26 & 35 of the Arms Act.
3. Learned counsel for the petitioner submits that petitioner because of his antecedent has been falsely implicated in the instant case based on confessional statement of coaccused in police custody, which does not have any evidentiary value. It is next submitted that the informant alleges that his house was looted by the accused persons and accordingly the instant F.I.R. was instituted against unknown and during the
Patna High Court CR. MISC. No.17534 of 2024(2) dt.27-03-2024 2/3 course of investigation, Chanchal Kumar Singh and Pappu Kumar Singh were apprehended, who disclosed the name of the petitioner that he had also participated in the occurrence. The learned counsel further submits that petitioner will not abscond rather will co-operate in the investigation.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Baikunthpur P.S. Case No.45/2017, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
6. Further, one of the bailors of the petitioner shall be his father namely Jitendra Singh.
7. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned trial court bringing to his notice that the petitioner
Patna High Court CR. MISC. No.17534 of 2024(2) dt.27-03-2024 3/3 despite giving assurance to this court is not co-operating in the investigation in that event the learned trial court shall be at liberty to cancel the bail bond of the petitioner.
8. It is further made clear that in the event if charge sheet is submitted connecting the petitioner with the offence, in that event, the present anticipatory bail order shall loose its effect.
9. Let this order be communicated to the concerned P.S. through the learned trial court.
(Satyavrat Verma, J) amit/- U T